GOSS+ET+AL.+v.+LOPEZ+ET+AL

Goss et al. v. Lopez et al. Supreme Court of the United States Argued October 14, 1974; Decided January 22, 1975

Background: Nine high school students in Ohio were suspended by their principal without a preceding hearing. Each student was suspended for vandalism, destroying school property, and disrupting instructional time. Under Ohio law, a school must notify a parent within twenty-four hours of suspending or expelling his child; additionally, if the student was expelled, he was given the opportunity to appeal the suspension before the Board of Education but not for suspension. A District Court struck down the law, saying that it violated the students’ right to substantive due process. The case was later appealed to the Supreme Court of the United States.

Decision and Rationale: The United States Supreme Court ruled that the students’ suspension without a hearing prior to the enactment of the suspension violated the substantive due process right protected by the Fourteenth Amendment. A major point in the court’s decision was that “the State is constrained to recognize a student’s legitimate entitlement to a public education as a property interest…protected by the Due Process Clause and which may not be taken away for misconduct without adherence to the minimum procedures by that Clause.”

Impact: The United States Supreme Court in this case ceded that everyone’s right to a free and public education is to be treated as a “property interest.” Therefore, any actions taken by school administrators and faculty that directly influences a student’s educative rights are under federal scrutiny. Since education is a “right” granted by the Federal government, it cannot be stripped away because it is inherently secured. Teachers and administrators are legally obligated to extensively document behavioral problems that result in punishment requiring students to stay away from the school since students are inherently guaranteed the right to attend. Along with the documentation comes the procedural obligation schools must also follow when dealing with a right like public education.

Quiz Question:

The primary legal issue addressed in Goss et al. v. Lopez et al. was:

a. states’ rights b. cruel and unusual punishment c. substantive due process d. racial discrimination


 * Completed Independently by Stephen Brooks

Submitted by Jose Ramirez Goss Et Al. v. Lopez Et al. Supreme Court of the United States Argued October 16, 1974 Decided January 22, 1975

BACKGROUND: This case was brought on by nine students who had been suspended from school for a period of 10 days. The students felt that their Fourteenth Amendment had been violated because of the suspension. The Ohio State law, which provides a free education, gives principals, of any school system, the power to suspend a student for misconduct for a period of 10 days or to expel him/her. In either case, the school system must give a reason for the action within a 24 hr period. A student who is expelled has the right to appeal the decision before the school board; however no such hearing is given to suspended students.

DECISION AND RATIONALE: The Supreme Court’s holding was that the State of Ohio had indeed violated the students 14th Amendment rights, which entitled them to a due process. The courts rationale was that since Ohio State Law(Ohio Rev. Code Ann. 3313.48 and 3313.64) directs local authorities to provide a free education to anyone between the ages of 5 and 21, school systems may not keep an education from students without first establishing procedures to determine if the suspension was valid. The Court also explained that although Ohio was not obligated to provide a free education, they had passed a statute which required children to attend school, and therefore the Fourteenth Amendment may be applied to protect the rights of the students.

IMPACT ON TEACHING: Due process is the whole issue in this case. The school system did not allow the parents a hearing to plead their case and therefore were in violation of the 14th Amendment. School systems have procedures that need to be followed before making such harsh decisions, as to suspend or expel a student. Since teachers spend the majority of time with the students, it is their responsibility to begin a paper trail, when there is a problem in the classroom, so that when a decision is made by school administrators, there is proof that the decision is valid. This type of legal mentality is essential when dealing with constitutional matters, because after all if it’s not documented – it never happened.

QUESTION: TRUE OR FALSE – A school system has the right to suspend or expel students, without giving parents an opportunity to appeal the decision.

Sandra Hansen **GOSS ET AL. v. LOPEZ ET AL. **  SUPREME COURT OF THE UNITED STATES 419 U.S. 565 January 22, 1975, Decided  Background: Nine High school students were suspended for 10 days for various acts of vandalism and delinquent behavior. By Ohio law the school must notify the parents within twenty four hours of suspension or expulsion and the students were given the right to appeal if they were expelled and the appeal is not granted for suspension. As a result, the nine students are suing the public school system on the basis that they were forbidden the right to due process granted to them by the 14th Amendment. Initially the suit was presented to a District court who declared that the Ohio law violated the 14th Amendment and was later brought up on appeal to the United States Supreme Court. Decision and Rationale: Upon the appeal The United States Supreme Court ruled that the Ohio law did in fact violate the student’s right to due process granted in accordance with the 14th Amendment. In regards the suspensions the court pointed out that “It is apparent that the claimed right of the State to determine unilaterally and without process whether that misconduct has occurred immediately collides with the requirements of the Constitution.” Impact: In the favor of the students, The United States Supreme Court in this case established that education could not be taken away based on the 14th Amendment. As a result, the schools and educators alike need to make sure that they do not violate the rights of citizens granted by the constitution. The schools need to enact policies and procedures that not only are held in accordance with the constitution and does not violates the right of the students, but are able to set structure and establish discipline for misconduct. Quiz Question: The right to due process is granted under Ohio State Law. (T/F)